Rajendra Babu, J. - (1.)The appellant before us is charged with having committed murder of his wife Ramulamma on 23.12.1988 by pouring kerosene on her and setting her on fire at about 1.30 p.m. in his house punishable under Section 302, IPC. The appellant having pleaded not guilty was tried for the offence charged against him, convicted and sentenced to life imprisonment with a fine of Rs. 1500/- in default to undergo imprisonment for two months.
(2.)The appellants is the husband of the deceased Ramulamma having married her about 16 years prior to the date of her death. He is a driver with the Andhra Pradesh Road Transport Corporation. While the appellant and the deceased used to live in Shanthinagar Colony in Miryalguda Parvatha Reddy (PW.1) and Lakshmi Reddy (PW.2) are their neighbours. Laxma Reddy (PW.3) is the younger brother of the deceased Ramulamma.
(3.)On 23.12.1988 at about 1.30 p.m., the deceased Ramulamma came out of the house with her clothes aflame. PW.1 and PW.2 doused the fire with the help of others and took her to the hospital. PW.7, who is the Police Officer, recorded her statement as per Exhibit P.5 and Ramulamma died at 2 a.m. on 24.12.1988. Prior to her death, the Local Magistrate (PW.4) was requested to record statement of Ramulamma (deceased) and at about 7.20 p.m. on 23.12.1988 he recorded her statement in the hospital as per Exhibit P.2. In that statement, she stated that her husband was troubling her for about 3 months and on the afternoon of the day of the incident when she was at home her husband brought kerosene in a tin and poured the same over her and set her on fire with match stick. She stated that her husband asked her not to go out by covering her with a blanket but she came out weeping. In the meantime her younger brother Laxma Reddy came and he brought her to the hospital in a rickshaw. She further stated that her husband is used to drinking and after drinking would abuse her in vulgar terms. The police had recorded her statement as per Exhibit P.5 on 23.12.1988 at about 3.20 p.m. in the Civil Hospital to the effect that right from the time of her marriage, her husband used to abuse her and beat her in his drunken state and used to harass her in many ways and on 23.12.1988 at about 1.30 p.m. her husband came home in a drunken state and abused and beat her and at that time her children were absent in the house since they had gone to school. Unable to bear the harassment of her husband, and having got disgusted in her life, she poured kerosene on her body and set herself on fire with a match stick. She further stated that her husband was present in the house at that time and he did not help her but her neighbours Parvatha Reddy (PW.1) and Lakshmi Reddy (PW.2) brought her to the hospital for treatment.